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HomeMy WebLinkAboutItem 01 Approval of the Minutes for the Budget Workshop held August 9, 2022, and the Regular City Commission Meeting held August 16, 2022Budget Workshop OCOEE CITY COMMISSION Ocoee Commission Chambers 1 North Bluford Avenue, Ocoee, FL August 9, 2022 MINUTES 1I CALL TO ORDER — 6-.00 11-�-Jl Mayor Johnson opened the workshop meeting. Present: Mayor Johnson, Commissioner Brinson, Commissioner Wilsen, Commissioner Firstner, Commissioner Oliver Also Present: City Manager Frank and City Cleric Sibbitt PRESENTATION - 0 ti F'M Finance Director Roberts introduced the City's Chief Accountant and the Accountant who assisted with the Budget process, and further thanked the Department Directors for their part as well. FV 22/23 BUDGET OVERVIEW - Finance Director Roberts - 10 d, PPvll, Finance Director Roberts provided a PowerPoint presentation summarizing the Proposed Budget for FY 2022-2023. Highlights in the presentation covered: ® Economic Highlights ® Producer Price Index (PPI) and Consumer Price Index (CPI) ® Fiscal Sustainability ® Budget Commitments ® Millage Calculation • Revenue/Expenditure Summary ® General Fund Revenues/Expenditures ® Proposed New Positions and Personnel Changes DISCUSSION- 6 : i _i 1'i' 11 Mayor Johnson read a memo he sent to the City Manager, which shared his priorities for the FY22/23 Budget. His memo highlighted expending funds for projects such as solid waste, sidewalks, and street resurfacing; and further, requested reduction of Commission related spending, removal of the federal lobbyist, and reduction of the City's Youth Council Coordinator's Budget. He commented that the City is in great shape under great management and staff. Commissioner Firstner shared his desire to roll back the millage rate, as many residents are need of a relief during this time. He asked Public Works to add to their Capital Improvement Projects the resurfacing and restriping of Moore Road from Maguire Road down to 7"' Street; and further, shared his blessing in overseeing a newer District that is well kept. 1 1 P a g e Ocoee City Commission Budget Workshop August 9, 2022 Commissioner Oliver shared he agreed with the public being provided the opportunity to comment on the Budget at the hearings, but did not agree with the public not being allowed input on the ARPA funding. He shared a memo he sent to the City Manager which listed items that are not in the Budget, but he hoped could make it into the Budget. He described a design concept for a reflective park at the Hallowed Ground, and inquired if funds could be budgeted for this project. City Manager Frank explained, if the City Commission thinks this a viable project, that fiends can be placed aside into Contingency. Discussion followed about the estimated cost for this project. Commissioner Wilsen shared concerns about putting funds into the budget for a property they do not own. Commissioner Oliver recounted past discussions they had on the Hallowed Ground property. Mayor Johnson also shared his concerns about not having ownership of the property. City Manager Frank briefed the Commission on his recollection of the City Attorney's opinion about the City trying to acquire the property. Commissioner Brinson inquired about looking at real estate law and adverse possession. Support Services Director Butler shared the design concept proposed several years ago. At the conclusion of the discussion, Commissioner Oliver inquired if a consensus could be reached to place $30,000 aside for this project. Mayor Johnson commented on the completion of Unity Park which will include a monument with the names of families affected due to the 1920 massacre. Commissioner Firstner shared he felt the legal status of the property should be determined before funding is placed aside for the reflective park project. Commissioner Oliver explained the City Attorney had already addressed the concerns of the property ownership with the City Commission two years ago, but will request the attorney forward the information again. Commissioner Brinson expressed he did not have an issue with setting aside $20,000-$30,000, but wanted to be sure ownership was resolved first. A consensus was not reached to place funding aside. Commissioner Oliver shared he would like consideration of a recurring budget item to allocate $100,000 for at least four (4) City sponsored cultural events, which could include the Ocoee Music Festival as well. Also, the Human Relations Diversity Board (HRDB) would be solicited to assist with the cultural events. Mayor Johnson inquired from the City Commission if there was a consensus to terminate the contract with the Federal Lobbyist. He briefed the City Commission on the zip code postal issues that have not been resolved by the lobbyist. The consensus of the Citv Commission was to terminate the Federal Lobbyist contract. Mayor Johnson commented that with the termination of the lobbyist contract it will open up $110,000 in the budget. He further commented that he feels the HRDB should be involved with the cultural events and funding could be placed in their budget, but the Board would need to continue to come before the City Commission for approval of their spending and program details. Commissioner Oliver commented on the proposed disbursement of the ARPA funding and the projects they will allocate it to. He shared that the $5 million budgeted for the new Fire Station could partially be funded by grants, thus freeing up some money; and further, those freed up funds could be used for funding cultural events within the City. City Manager Frank explained the anticipated costs for the new Fire Station and Police Gun Range, and advised, if grants are received it could bring the cost down, but at this time they would not be able to calculate how much would be freed up. Discussion continued on funding for cultural events. Commissioner Firstner inquired if there were restrictions on the ARPA fiends. Finance Director Roberts explained the ARPA funding requirements, and that it is a one-time fund, so if a recurring budget is being requested for events the City Commission will need to use other monies to fund those events in future budget cycles. Commissioner Oliver commented that he felt having the money this year would be a benefit to 2 1 P a g e Ocoee City Commission Budget Worksliop August 9, 2022 the HRDB, and will encourage them to solicit event funding in the future and work with organizations that already have event experience. Commissioner Wilsen shared a suggestion she made years ago on having a partnership with an event marketing company that would organize, fundraise, and host all the City events. Mayor Johnson recommended placing the funds in Community Relations and allowing City staff to manage events. He further inquired, if the City Commission approves to earmark the $100,000, where would the funds come from. City Manager Frank shared there is $210,000 available for the City Commission to discuss putting it toward the needs of their various districts. Brief discussion ensued. Commissioner Oliver commented on ARPA fiends being used by other agencies for small business grants and inquired if $50,000 could be placed aside for small businesses coming into the City that are struggling. He shared this would be a one-time grant program. Brief discussion ensued, and concerns were raised about providing funding to business owners. A consensus was not reached to place funding aside for small business grants. Commissioner Oliver addressed the $10,000 for youth initiative and asked if that $10,000 could be placed aside for travel for the Ocoee Youth Council. Mayor Johnson requested the additional $10,000 budgeted for the Ocoee Youth Coordinator be cut to $5,000, as it is a City youth program being coordinated through the City Clerk's Department. He explained that there are no other City Boards that pay a coordinator $10,000. Commissioner Wilsen voiced concerns with the request for travel funding for the Youth Council as she does not feel comfortable with the youth going out of the Tri-County area. The majority consensus was to lower the Ocoee Youth Coordinator budget to $5,000 and allocate $10,000 for travel by the Ocoee Youth Council. Commissioner Oliver opposed to lowering the Ocoee Youth Coordinator budget. Commissioner Oliver commented on speed table studies and shared information he had researched relating to them. He further asked to allocate funding for speed tables. Public Works Director Krug explained how speed studies are completed and shared it costs about $10,000 - $15,000 per speed table. He further explained the criteria process. A brief discussion ensued about intersections that may require a speed table. City Manager Frank shared there are currently no funds allocated for speed tables. He explained that in the past they allocated funding; however, the locations requesting the speed tables did not meet the criteria. Therefore, finding this year was allocated for sidewalks and paving. A brief discussion ensued on funding for the speed tables. Commissioner Oliver commented on allocating funds for the Unity Park sculpture. Mayor Johnson shared it will be a monument wall at Unity Park, and he is able to get sponsorships without using budget funds. Commissioner Oliver proposed doubling the Community Grant finding from $14,000 to $28,000. Commissioner Oliver shared he would like to see the continuation of the sidewalks on Ingram Road and explained his concerns of the sidewalk ending by the trail. Mayor Johnson commented on placing finds aside for areas that do not have any sidewalks. Commissioner Oliver inquired about placing exercise equipment at Coventry Park and if there were funds being budgeted. Parks and Recreation Director Johnson shared that funds were not budgeted for that park, but there 3 1 P a g e Ocoee City Commission Budget Workshop August 9, 2022 will be a new park in the City that provides exercise stations; and further shared, he would need to assess the park to determine its condition and if it is a viable location for exercise equipment. Commissioner Oliver inquired about the claw truck and if it is in the budget. City Manager Frank addressed his question and explained the solution that is being proposed to assist with yard waste compliance. Commissioner Oliver shared concerns he has with the garbage contractor and the numerous calls he receives. He further inquired when the contract expires. City Manager Frank explained that at the public hearing the Commission can advise City staff if they would like to put this issue as a non -ad valorem assessment for next year. Commissioner Oliver inquired about the Elected Officials being listed as full-time when they are part-time. It was explained that for the health insurance benefits provided they are listed as full-time. Commissioner Wilsen shared she is pleased with the funding budgeted for sidewalks, as sidewalks, street conditions, and garbage pickup has been the highest concern of many residents. She commented that she would like to stay closer to a 4.9 millage rate. She commended the City's public safety departments and explained residents annex in to receive that faster service. She further reiterated her concerns with the Youth Council members travelling outside the Tri-County area. Commissioner Wilsen inquired what streets are listed to be resurfaced. Public Works Director Krug addressed her question. Commissioner Wilsen further asked about being creative with traffic calming solutions for Flewelling Avenue and Orlando Avenue/White Road. Public Works Director Krug addressed her concerns. Commissioner Brinson congratulated City staff for a healthy fund budget, lowering the millage, and salary enhancements. He inquired about the pay increases proposed for this upcoming fiscal year. City Manager Frank addressed his question and explained the solutions being implemented to get to the $15.00 minimum. Commissioner Brinson inquired about the budgeted Police personnel. Police Chief Plascencia addressed his question. He further inquired about the Finance personnel also budgeted. Finance Director Roberts addressed his question. Commissioner Brinson inquired about the Economic Development Manager under Planning on page 11. Development Services Director Rumer addressed his question and explained that is a contract position. Commissioner Brinson inquired what incentives are being offered to get employees to work on the Public Works team since they are short staffed. City Manager Frank addressed his questions and explained the benefits offered by the City, as well as the proposed minimum rate increase. It was asked if hiring bonuses are being offered. City Manager Frank addressed his question. Commissioner Oliver inquired if any of the landscape and maintenance work, is subcontracted out. City Manager Frank addressed his question. Commissioner Brinson pointed out a grammatical error on page 15. He further inquired about the Public Works projects on page 19 and if they would be completed in-house or contracted out. Public Works Director Krug addressed his question. Mayor Johnson inquired about the roof repair for the Lakeshore Center. Public Worlcs Director Krug addressed his question. Commissioner Brinson commented on the wood repairs that are needed at the Withers -Maguire House. He further inquired about the vehicle replacements and the differences in costs. Public Works Director Krug addressed his questions. 4 1 P a g e Ocoee City Comulissio» Budget Workshop August 9, 2022 Mayor Johnson explained some of the concerns with the established areas in Ocoee which include sidewalk damage due to trees planted in the right of way, and shared those sidewalks need to be repaired. He further asked for reduction of Commission related spending and requested removal of funding for spousal travel expenses. City Manager Frank explained this would not change their budgeted travel funds, but the policy can be changed. Mayor Johnson requested the policy be effective in January. The consensus of the City Commission was to remove travel funding for spouses. Mayor Johnson briefly addressed negative remarks he has heard about the City's public safety salaries. He summarized the great benefits received by working at the City; and further, shared his appreciation to our City staff and directors. He also thanked the citizens for their support of the City. City Manager Frank inquired if the next budget workshop was needed; and further, a consensus of the City Commission was to cancel the August 17t" Budget Workshop. City Manager Frank encouraged the Elected Officials to reach out to him if they have any questions. Commissioner Oliver inquired if an update could be provided by the City Attorney on the Reflective Park at the Hallowed Ground. City Manager Frank recommended this be brought up at the upcoming Regular City Commission Meeting on August 16"'. Mayor Johnson announced the Tentative Budget Public Hearing is scheduled for September 15t" at 6:00 PM. IV. ADJOURNMENT 81 ° l' i i Attest: City of Ocoee Melanie Sibbitt, City Cleric Rusty Johnson, Mayor 5 1 P a g e MINUTES REGULAR CITY COMMISSION MEETING AUGUST 16, 2022 CALL TO ORDER - 6 'i ,p'�'°°V Mayor Johnson called the regular session to order at 6:15 PM in the Commission Chambers of City Hall. The invocation was led by Pastor Jeff Pritchard, Starke Lake Baptist Church, followed by the Pledge of Allegiance to the Flag led by Commissioner Oliver. City Clerk Sibbitt called the roll and declared a quorum present. Present: Mayor Johnson, Commissioner Brinson, Commissioner Wilsen, Commissioner Firstner, Commissioner Oliver Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt PRESENTATIONS AND PROCLAMATIONS e i % Proclamations for September 2022 9/11 Remembrance, read and proclaimed by Mayor Johnson and accepted by CACOPD and CACOFD Board Members, National Assisted Living Week — September 11 — 17, read by City Attorney Cookson and proclaimed by Mayor Johnson. West Orange Healthy Selfie Day — September 16, read by Commissioner Wilsen and proclaimed by Mayor Johnson, and accepted by Representative Erika Feazell, Healthy West Orange. Turnpike Update Assistant City Manager Shadrix outlined the Turnpike Widening Project timeline and the City's efforts to work with the Turnpike staff. He shared the proposed plan with specific details on the unfavorable effects this change will have on the City, more specifically, on The Alibi at Lake Lilly Apartments, currently under construction, and on development of The Regency which has been approved by City staff. He concluded by sharing the economic impacts on the City if the Florida Turnpike Enterprise continues with this widening project. He advised that City staff will come before the City Commission at a future meeting to request direction once strategies are discussed. Commissioner Firstner shared his frustration with MetroPlan Orlando's Municipal Advisory Committee (MAC), and asked for guidance on how to move forward. Assistant City Manager Shadrix offered to assist. Assistant City Manager Shadrix provided a handout for the Commission to review. City Manager Frank explained why he felt it was important to inform the Commission at this time. Commissioner Oliver inquired about the legal and financial implications this could have on the City. City Attorney Cookson addressed his question. Regular City Commission Meeting August 16, 2022 Commissioner Brinson inquired if surrounding municipalities would be affected in the same manner as our City. Assistant City Manager Shadrix addressed his question. Commissioner Brinson further inquired as to when the CRA would be sunset. Development Services Director/CRA Administrator Corless replied that the CRA is scheduled to sunset in 2036, with the option of extending for an additional 10 years. Commissioner Brinson asked to be continually updated on this matter. Mayor Johnson requested that all Elected Officials be updated. Assistant City Manager Shadrix addressed their concerns. STAFF REPORTS AND AGENDA REVIEW 658' "I'r1 City Manager Frank announced before them were two emergency items. Emergency Item #1 - First Amendment to Purchase Agreement for Wire Development's' Purchase of City Owned Property at Crown Point. (DevelopmentServices Department Rumer) City Manager Frank explained the City entered into an Agreement for the Purchase and Sale of City -owned land in the Ocoee Crown Point PUD with Wire Development LLC, on February 17, 2022. The agreement provided for a 180-day inspection period at which the Agreement could be canceled without penalty. The title work and survey ordered by the City were delayed due to a mix-up on the parcel numbers, which put Wire Development LLC, behind in their inspection of the properties. Therefore, Wire Development LLC is requesting additional time (120 days) to complete its inspection period, which is provided in the First Amendment. • i • . • • • " • . - • i . • • UVIVIIINI • 1 - • • - • - i • • ' • Emergency Item #2 Waiving of Procurement' Method Requirements for Emergency; Projects. ;(Utilities Director Croteau) City Manager Frank briefly explained the Utilities Department has multiple projects that require a Purchase Order prior to the new 2022/2023 fiscal year due to their urgent nature and end -of -year time constraints, which includes a malfunctioning meter at Orlando Health Central; an 8-inch force main on Palm Drive; and urgent repairs to 17 areas of City sidewalks due to emergency utility repairs. Staff is requesting the City Commission waive the purchasing requirements to move forward with the emergency repairs. Commissioner Brinson inquired if the approval was only for the items mentioned. City Manager Frank answered in the affirmative. bV Commissioner Brinson; Motion carried unanimouslV. 2 1 P a g e Regular City Commission Meeting August 16, 2022 City Manager Frank shared a selection of dates in September for the ribbon cutting ceremony for the New City Hall. Consensus of the City Commission was to hold the ribbon cutting ceremony on Thursday, September 8t" from 5:30-8:00 PM. Commissioner Oliver asked if HighPoint Church could be invited to participate in a collective prayer over the New City Hall by Ocoee ministers of various denominations. Brief discussion ensued; and no objections were made on this request. Mayor Johnson shared that the Band Director, Bernie Hendricks, also asked to perform at the ribbon cutting ceremony. COMMENTS FROM CITIZENS/PUBLIC - None CONSENT AGENDA - 71 1;18) ,D,1 pulled for discussion and separate consideration. Trustees for the Pension Boards serve four (4) year terms, as amended in Ordinance 2009-020. The City Commission appoints two (2) of the trustees, two (2) are elected from the employee body, and the fifth trustee is chosen by those four (4) trustees and presented to the City Commission to ratify the appointment as a ministerial act. The term of Trustee Patricia Gleason expires on September 30, 2022, and she has indicated she is willing to serve another term, if appointed. At this time no other applications have been received for serving on this board. Trustees for the Pension Boards serve four (4) year terms, as amended in Ordinance 2010-019. The City Commission appoints two (2) of the trustees from the legal residential body of the City of Ocoee, two (2) are elected from the employee body (one (1) police officer and one (1) firefighter), and the fifth trustee is chosen by those four (4) trustees and presented to the City Commission for certification of the appointment as a ministerial act. The term of Trustee William Maxwell expires on September 30, 2022, and he has indicated he is willing to serve another term, if appointed. At this time no other applications have been received for serving on this board. ' •• • -• • • - • • -• 1 3 1 P a g e Regular City Commission Meeting August 16, 2022 4. Approval of the 2023 Holiday Schedule and Canceling Five (5) Scheduled Meeting Dates. (City Clerk Sibbitt) Section 8.01 of the Personnel Rules and Regulations lists Holidays that will be observed annually in the City of Ocoee. Each year the City Commission approves those holidays as well as selects dates for those holidays that fall on weekend days. Due to time -sensitive development projects, the Development Services Department would benefit from future planned meeting cancelations of the City Commission & Planning & Zoning Meetinzs. Approved Holidays Dates as Approved 2023 Recommendations New Year's Day January 1st (Sunday) Monday, January 2, 2023 Martin Luther Ding, Jr. Day Third Monday in January Monda , January 16, 2023 Memorial Day Last Monday in May Monday, May 29, 2023 Independence Day July 4th Tuesday, July 4, 2023 Labor Day First Monday in September Monday, September 4, 2023 Thanksgiving Day Fourth Thursday Thursday, November 23, 2023 Day After Thanksgiving Day after Fourth Thursday Friday, November 24, 2023 Christmas December 25th Monday, December 25, 2023 Day Before or After Christmas As determined by Commission Tuesday, December 26, 2023 Meetings Holidays/Election Day 2023 Recommended Dates City Commission Meeting New Year's Day Tuesday, January 3, 2023 P&Z Commission Meeting Municipal Election Day Tuesday, March 14, 2023 City Commission Meeting July 4th Tuesday, July 4, 2023 City Commission Meeting Labor Day Tuesday, September 5, 2023 City Conunission Meeting Thanksgiving Tuesday, November 21, 2023 This year $7,221.74 has been made available for the Police Department through Florida's Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement Grant. The purpose of the grant is to reinforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. Orange County is considered a priority county due to the number of serious injuries and deaths of pedestrians and bicyclists. If approved, the Police Department will receive $7,221.74 to conduct high visibility education and enforcement, on specific areas of West Colonial Drive and Silver Star Road, to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists. This year $10,000 has been made available for the City of Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant (JAG). The Byrne Memorial Justice Assistance Grant (JAG) Formula Program Committee wishes to submit a 51 % Letter to the Office of Criminal Justice Grants in Tallahassee. This letter lists the various programs for which the participating law enforcement agencies in Orange County plan to spend the $301,278 allocated to Orange County agencies and confirms the City's approval of the allocations. The letter and accompanying grant application must be signed by the Mayor. If approved, the City of Ocoee will receive $10,000 to purchase surveillance equipment. 4 1 P a g e Regular City Commission Meeting August 16, 2022 Commissioner Brinson asked for clarification and the reason for the naming of the 51% Letter. Police Chief Plasencia addressed his question. • o Move to approve ConsentAgenda Items #6 and • -• by • • • - • •-• • • •11 IF - • • -• 1 In conformance with the Consultants' Competitive Negotiations Act (CCNA), § 287,055, Florida Statutes, et seq., the Federal Procurement Standards set forth in the Uniform Guidance at 2 CFR 200.317 through 2 CFR 200.327 and Chapter 21 of the City's Code of Ordinances, the City solicited statements of qualifications from professional engineering firms interested in providing professional engineering services for designated utilities projects funded through the American Rescue Plan Act (ARPA). Projects may also include those funded through other federal grant funds such as FEMA, FHWA, etc. A total of seven (7) responses were received for this RFQ with one (1) being deemed non -responsive and non -responsible. The public RFQ Evaluation Committee meeting was held on August 4, 2022, and short-listed the following firms in ranked order, and recommends contracting with the top four (4) ranked firms: (1) CPH, LLC; (2) Hazen & Sawyer; (3) CHA Consulting, Inc.; (4) Wright -Pierce, Inc. Q •• • -• • • 1`• • -• 1 The City Commission approved Ordinance 2013-010 to provide for collection of fire protection assessments as a special non -ad valorem assessment on the annual Orange County tax bill. The assessment is based on building occupancy hazard factors and the area under roof to determine the number of Fire Protection Units (FPUs) for each property. The number of FPUs is then multiplied by the Applied Assessment Rate to get the amount of the special assessment. Section 197.3632, Florida Statutes, requires the City to certify the Tax Roll for the fire protection assessments by September 15th. A resolution to certify the tax roll is the only mandatory element of the annual fire protection special assessment implementation process. Approved on Consent. Motion carried 5-0. The City executed an agreement in 2010 with CVI to continue development of the SAGE software and provide software maintenance and enhancement services. When the building permit application became a stable commercial product, the city and CVI migrated to a standard software support and maintenance contract approved by the Ocoee City Commission at its January 5, 2016 meeting. That contract expired on September 30, 2021. The annual cost of support under the 2016 agreement was $35,000, with an annual escalation of 5%. The proposed agreement covers software support and maintenance as a basic service for a set fee of $35,000 per year, with no escalation clause. The initial term covers the current fiscal year, during which the city has continued to receive maintenance and support services pending approval of the proposed agreement. Commissioner Brinson inquired about the cost of the software for other municipalities in the market place, and if the additional cost functions are covered by the $35,000. Support Services Director Butler addressed his questions. 5 1 P a g e Regular City Commission Meeting August 16, 2022 W-11111111 •R-9110:11 RMIRM-51-11111M :• • • - • • -• 1. 10. Approval of Certification of Non -Ad Valorem Assessment Roll for Solid Waste Inclusion on the Orange County Tax Roll for Fiscal Year 2022/2023. (Public Works Director Krug) j The City commission approved Resolution No. 2006-003 to provide for collection of Solid Waste fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non -ad valorem assessment roll by September 15th. The fiscal year 2022/2023 tax roll for Solid Waste calculates revenue to be $3,919,835.25. This is based upon the residential Solid Waste fee which has been increased 1.4% per adopted Resolution No. 2019-013 fi-om $271.45 to $275.25 annually. This is an increase of $135,550.80 from the current year and is attributed to the rate increase, annexations and new homes. 11. Approval of Certification of Non -Ad Valorem Assessment Roll for Stormwater' Inclusion on the Orange County Tax Roll for Fiscal Year 2022/2023. (Public Works Director Krug) The City commission approved Resolution No. 2006-003 to provide for collection of stormwater fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non -ad valorem assessment roll by September 15th. The fiscal year 2022/2023 tax roll for Stormwater calculates revenue to be $3,631,466.59. This is an increase of $28,701.64 from the current year and is attributed to annexations, new homes and commercial development. �•• • -•s •11 • • ill -• &Z1 FIRST READING OF ORDINANCE - La 12. First Reading of Ordinance for Isaak Malka Property, 2199 West Road, Annexation, Small Scale Comprehensive Plan' Future Land Use Map Amendment & Rezoning; Project No(s): AX-04-22-24 CPA-22-04-37 & RZ-22-04-37. (Second Reading and Public' Heaving scheduled for future date to be determined upon approval of the Joint Planting Agreement`with' Orange County) (Zoning Manager Whitfield) The subject property is approximately 5.08 acres and located generally south and west of Desert Candle Drive, east of the West Orange Trail and north of the West Road unimproved right-of-way, approximately 200 feet north of SR 429. The site is located within the City of Ocoee -Orange County Joint Planning Area (JPA). The applicant is proposing to annex the subject property into the City, amend its future land use map designation From Low Density Residential to High Density Residential and reclassify the zoning district from County A-1 to City Planned Unit Development (PUD) in order to develop single-family attached residential (fee -simple townhome) subdivision. The proposed High Density Residential (HDR) firture land use would allow 8 to 16 units per acre, resulting in a maximum of 81 dwelling units. The proposed Land Use Plan (LUP) would limit development to a 48-lot townhome subdivision, resulting in a proposed density of 9.4 units per acre. City Attorney Cookson read the title of the ordinances. Development Services Director Rumer announced this will be presented as a second reading and public hearing at a future date to be determined upon approval of the Joint Planning Agreement with Orange County. 6 1 P a g e Regular City Commission Meeting August 16, 2022 SECOND REA ADINGORDINANCE The Districting Commission was appointed by the City Commission and held several meetings between October 2021 to April 2022. The Districting Commission presented a report to the City Commission on April 5, 2022, advising of its preferred plan. The City Commission accepted the recommended Board Plan l C, and directed staff to bring back an ordinance adopting the new boundaries set forth in this plan. City residents were notified of the proposed Board Plan 1 C in the April water bill as well as placed on the City's website. City Attorney Cookson read the title of the ordinance. The public hearing was opened. As no one wished to spealz, the public hearing was closed. the Commission Districts of the City of Ocoee; Moved bV Commissioner Oliver, seconded by Commissioner Firstner; Motion carried unanimouslV. The proposed LDC amendment is intended to resolve sign code discrepancies and consolidate the provisions fi•om Article VI into Article VIII. Since the provisions in Section 6-14C(5) were adopted in 1999, they supersede the provisions of Article VIII, which were adopted in 1988. Thus, staff proposes approval of an Ordinance implementing amendments to Articles VI and VIII in order to consolidate the sign design standards from Section 6-14C(5) into Article VIII Sign Code and reorganize and update Article VIII accordingly. City Attorney Cookson read the title of the ordinance. Zoning Manager Whitfield briefly summarized the proposed LDC Amendment which is intended to resolve discrepancies and consolidate the provisions from Article VI into Article VIII. Since the provisions in Section 6-14C(5) were adopted in 1999, they supersede the provisions of Article VIII, which were adopted in 1988 and 1995. The proposed ordinance will delete the sign design standards from Section 6-14C(5), Article VI, incorporate them into Article VIII Sign Code, correct any discrepancies accordingly, and retain any existing provisions in Article VIII that were not affected or changed by Ordinance No. 99-23. Additionally, the new Section 8-5D(1)(d) is proposed to provide greater flexibility in sign size and height for shopping center directory signs through a Developer Agreement. The public hearing was opened As no one wished to speak, the public hearing was closed. Code; Moved by Commissioner Wilsen, seconded by Commissioner Brinso Motion carried unanimously. 7 1 P a g e Regular City Commission Meeting August 16, 2022 Section 5-4.1, LDC, establishes the standards for fences within the City. For internal lots, fences in residential districts may be erected in any required yard or along the edge of any yard, provided that street coiner visibility requirements are met and provided that no wall or fence located in front of the front building line does exceed four (4) feet in height and be no more than fifty (50) percent opaque. Fences shall not exceed six (6) feet in height. However, currently the Code does not speak to corner lots where the dwelling units are designed side - to -rear or for lots that have multiple roadway frontages, such as a double -frontage lot, through lot, or lot with road frontage along three (3) or more sides. Thus, staff proposes approval of an Ordinance implementing amendments to Article V, Section 5-4.1, to clarify the requirements for corner lots and lots with multiple street fi-ontages. Zoning Manager Whitfield briefly summarized the current standards for fences within the City and explained the proposed LDC Amendment which amends Section 504.1 to (1) Reduce the minimum side front yard setback on corner lots designed rear -to -rear with no side garage/main entry from 15 feet to 5 feet or the boundary of an easement, whichever is greater; (2) Provide staff the flexibility to review fence requests of individual lots based on hierarchy of adjacent streets, presence of sidewalks and fences, and orientation of existing driveways which would guide fence locations in a manner which ensures safety. The public hearing ivas opened As no one wished to speak, the public heating was closed. City Attorney Cookson read the title of the ordinance. • • • , • • • • • • - • 1 • - - • NO • • - Amendment to Article V, Section 5-4.1 to Clarify Fence Requirements for Corner seconded by Commissioner Firstner; Motion carried unanimouslV. PUBLIC HEARING - h 2 9 1' I"111 16. Public Hearing and Resolution to Adopt the 'Annual Code Enforcement Abatement Assessment Resolution and to Certify the Fiscal Year 2023 Non -Ad Valorem Assessment Tax Roll for Abatement Cost Recovery.(Advertised in the West orange Tines on Thursday, August 4, 2022) (Support Services Director Butler) ` Section 115-1 of the City Code of Ordinances established the geographic limits of the City of Ocoee as a special assessment district in which the City Commission is authorized to levy a non -ad valorem assessment against properties the City of Ocoee has abated a nuisance but has not been reimbursed for the cost of such abatement. Resolution 2017-003 requires the City Commission to adopt a resolution certifying the non -ad valorem assessment tax roll following a public hearing prior to September 15 of each year. There are currently properties that will be assessed to recover the cost of abatements performed by the city. The owners of each of these properties were notified by first class mail of the non -ad valorem assessment and of the scheduled public hearing at which the City Commission would consider this issue. The form and content of these notifications conformed to the requirements described in Section 197.3632, Florida Statutes. 8 1 P a g e Regular City Commission Meeting August 16, 2022 Support Services Director Butler briefed the City Commission on the collection of abatement costs utilizing the special assessment process. He shared that two of the nine properties have already paid their abatement costs. The public hearing ivas opened. As no speaker forms ivere received, the public hearing lvas closed. Commissioner Brinson inquired who pays the assessments and would the same property come before them if they repeat the violation. Support Services Director Butler addressed his questions. Commissioner Oliver inquired what is spent on average per year to get to this point of collection by special assessment process. Support Services Director Butler addressed his question. - • • • 1 • ' • • - - - . • • 1•. • '- • - • -• • • • • - - • •-• •_ • • • • • •111111• The area proposed for the Amendment to the City of Ocoee -Orange County Joint Planning Area (JPA) is comprised of one (1) parcel known as the proposed Isaak Malka Planned Unit Development (PUD). The subject property is located at 2199 West Road and contains approximately 5.08 acres. The applicants propose to develop a 48-lot single-family attached (fee simple townhome) subdivision, which is represents a density of 9.5 units per acre. In order for the proposed project to proceed with the Annexation, Small -Scale Comprehensive Plan Future Land Use Map amendment and Rezoning of the property, the JPA Future Land Use Map needs to be amended to change the land use designation of the property from Low Density Residential (LDR) (density of 4 units per acre) to High Density Residential (HDR) (density of 8 to 16 units per acre). No other map or text amendments are proposed with this Amendment. Zoning Manager Whitfield briefly summarized the proposed Third Amendment to the Ocoee - Orange County JPA which is comprised of one (1) parcel known as the Isaak Malka Planned Unit Development (PUD), which is located at 2199 West Road and contains approximately 5.08 acres. The applicant proposes to develop a 48-lot single-family attached (fee simple townhome) subdivision with a density of 9.5 units per acre. The Joint Planning Area Future Land Use Map needs to be amended in order to change the land use designation of the property from Low Density Residential (LDF) to High Density Residential (HDR). The public hearing was opened. As no speaker forms were received, the public hearing nvas closed. Commissioner Brinson inquired if trips have been taken into consideration for this proposed development, and inquired about police service on the north end of town. Development Services Director Rumer addressed his questions. Commissioner Oliver inquired about the proposed signalization. Development Services Director Rumer addressed his question. 9 1 P a g e Regular City Commission Meeting August 16, 2022 Motion: Move to approve the Third Amendment to the Joint Planning Area Agreement WPA) with Orange County for Isaak Malka Property, 2199 West Road, 11 • -• by « •Brinson,• •-« by • Motion carried unanimously. �. 18.Approval of New Appointment to the Human Relations Diversity Board. (City Clerk Sibbitt) The Human Relations Diversity Board was created by Resolution in 2003. The purpose of this board is to promote understanding, respect, goodwill, and equality among all citizens and businesses of the City of Ocoee. Members of the Human Relations Diversity Board serve three-year terms. Currently, the Human Relations Diversity Board has twelve (12) members, and their resolution allows no less than seven (7) members and no more than thirteen (13) members. Only those persons who reside in Ocoee, who own real property in Ocoee, or who are owners of businesses located in Ocoee shall be eligible for membership. Three (3) applications have been received. Katiana Shum, who is not a resident, but has indicated she is an Ocoee business owner, submitted her application on February 28, 2022. Marcus Riggins, who is a resident in District 4, submitted his application on June 1, 2022. Demetrick Brown, who is a resident in District 1, submitted his application on June 11, 2022. All applicants have shown an interest in being appointed to the Human Relations Diversity Board for a term ending May 2025. Staff recommends that the Honorable Mayor and City Commissioners appoint either Marcus Riggins or Demetrick Brown with a term ending May 2025. Katiana Shum submitted her application prior to Marcus Riggins; however, Ms. Shum's application is incomplete due to inadequate business owner verification. The HRDB Bylaws state, "Only those persons who reside in Ocoee, who own real property in Ocoee, or who are owners of businesses in Ocoee shall be eligible for membership." Mayor Johnson recommended the appointment of Demetrick Brown to have equal representations for the Districts. He shared that currently all except District 3 have four members represented on the Board. Commissioner Wilsen inquired about the absence of a member from District 3. Commissioner Firstner shared he attempted, but was unable, to find a volunteer. Commissioner Oliver commented that the City Commission has never considered Districts before and members should represent the City regardless of the District they reside in. Mayor Johnson explained that he feels District representation is important for equal representation of the City. Commissioner Wilsen shared her support on District representation for all Boards, and commented she has voiced this concern many times during her 13 years as an elected Official. Commissioner Brinson inquired about the Business Owner Applicant, and was informed that their application was incomplete. Motion: Move to appoint Demetrick Drown to the Human Relations Diversity Roard (HRDB) for a term ending in May 2025; Moved by Commissioner Wilsen, seconded by Mayor Johnson; Motion carried 4-1 with Commissioner Oliver opposing. COMMENTS FROM CITIZENS/PUBLIC The following persons addressed the City Commission: Marcus Riggins, Ocoee Resident, expressed frustration about not being allowed to advocate for himself before the Human Relations Diversity Board (HRDB) appointment was determined, and shared disappointment for not being selected. 101Page Regular City Commission Meeting August 16, 2022 Brad Lomneck, HRDB Alleniber, commented on current HRDB members not wanting to participate/volunteer outside of Board meetings, addressed what he felt was a lack of leadership presence from the Commission during meetings, shared recent events that occurred at the last meeting between two members, and expressed the need to disband the Board. Rhonda Robinson -Anderson, HRDB Allember, expressed safety concerns due to the actions of two board members during the last meeting and expressed a desire to have security present for future meetings. COMMENTS FROM COMMISSIONERS - hljl Commissioner Brinson — Commented on the following: 1) Expressed disagreement with the comment from Mr. Lomneck about lack of leadership on the HRDB; and further, shared there may conceivably be a lack of direction, but given his recent involvement he did not feel there was a lack of leadership. Explained the processes of complex disagreements and that, at times, heated discussions may be a necessary means to move forward. Encouraged grace and civility to work through these periods, and shared that having a Law Enforcement presence should not be a problem. 2) Shared his recent experience at the Florida League of Cities Conference and elaborated on multiple topics that were discussed. 3) Conveyed the need for additional employees and encouraged individuals that are interested to apply. 4) Spoke about Driver's Safety. 5) Reminded residents that the City is currently going through the budget process and encouraged them to participate. Announced the upcoming Budget Hearing date, and requested their attendance. 6) Spoke about Hydration Safety. 7) Reminded citizens that school is back in session and pleaded with all drivers to take extra precautions. Commissioner Nilsen — Commented on the following: 1) Announced that she and Support Services Director Butler have been recognized as Home Rule Hero Award recipients by the Florida League of Cities for their hard work and dedication to Home Rule. She thanked Support Services Director Butler for his advocacy for the City. 2) Announced the Shred -to -Protect Event date, time, and location. 3) Announced the Budget Hearing Meeting dates and spoke about the TRIM Bill. Encouraged residents to attend the meeting. 4) Expressed a profound concern for safety during Board meetings. Shared, in 25+ years of participation in Advisory Board meetings, she has never felt the need for Police presence and voiced an urgent need, as a Commission, to address this situation. Requested to further discuss this matter in greater detail during an upcoming meeting. Commissioner Firstner — Commented on the following: 1) Announced the ongoing Florida Primary Election and encouraged citizens to vote. 2) Reminded citizens that school is now open and encouraged drivers to exercise both caution and patients. 111Page Regular City Commission Meeting August 16, 2022 3) Announced the ribbon cutting date and time for Sonny's BBQ. CommissionerOliver — Commented on the following: 1) Echoed the sentiments shared by Commissioner Wilsen regarding public safety during any City meeting. Voiced disagreement with the comments made about lack of leadership and/or direction on the HRDB, and agreed Police presence should be implemented. Conveyed he does not believe disbanding a Board is a proper decision to correct poor actions and encouraged the Board members to work it out. 2) Reiterated that school is back in session and reminded residents to pay attention and slow down. 3) Announced the upcoming Budget Hearing dates. 4) Shared he would like to dedicate his next Town Hall Meeting to help residents understand the budget process, and requested Staff presence to assist in explaining it. 5) Announced the Ocoee Youth Council is now accepting applications and encouraged students to apply. 6) Announced that early voter turnout for the 2022 Florida Primary Election is low and encouraged residents to get out and vote. 7) Shared an inspirational quote. Mayor Johnson — Commented on the following: 1) Asked the Police Chief to provide an update on the Renaissance Charter School incident. Police Chief Plasencia addressed his concern and provided an update. 2) Spoke about the HRDB and expressed a desire to see them host events like the St. Patrick's Day Block Party, the Cinco de Mayo Block Party, and the Asian Cultural Festival. 4) Announced that the OYC only has one opening remaining; and further, shared that while at the Florida League of Cities Conference he was able to inquire about other youth council programs. Expressed a desire to have OYC attend future Youth Council Summits, as well as visit the state capital to get a better understanding of how state government works. 5) Spoke about several items that were discussed during the Budget Workshop and announced the Budget Hearing dates. 6) Noted that the Ocoee Middle School traffic seems to be going very smoothly. 7) Inquired about the crosswalk on Lakewood Avenue by the Montessori School. 8) Shared that the September 01' City Commission meeting has been canceled and provided the next meeting date. ADJOURNMENT — ti 'CVIi Attest: City of Ocoee Melanie Sibbitt, City Clerk Rusty Johnson, Mayor 121 Page